1. What is a work permit extension?
Extension of a work permit for a foreigner is an extension of the term of a work permit that is about to expire, so that a foreigner can continue to work legally in Vietnam according to the correct position, title and employer in the work permit is about to expire.
2. How many times can a work permit be renewed?
According to the provisions of Article 19, Decree 152/2020/ND-CP, a work permit can only be extended once.
If the employee, after having extended once, wants to continue working at the enterprise at the same position, he/she must apply for a new work permit.
3. When should a work permit be renewed?
The work permit needs to be extended at least 05 days before the expiration date, but not more than 45 days. Therefore, both the foreign worker as well as the human resources department of the company employing foreign workers need to pay attention to the expiry date of the issued work permit.
4. Work permit extension period
According to the provisions of Article 19 of Decree 152, an extended work permit has a maximum term of 2 years and must comply with one of the following deadlines:
- Term of the labor contract expected to be signed.
- Time limit for the foreign party to send foreign employees to Vietnam to work.
- The duration of the contract or agreement signed between the Vietnamese partner and the foreign partner.
- The term of the contract or service provision agreement signed between the Vietnamese partner and the foreign partner.
- Time limit in the document the service provider sends foreign employees into Vietnam to negotiate service provision.
- Time limit stated in the operation license of the agency, organization or enterprise.
- Time limit is stated in the document of the service provider sending the foreign employees to Vietnam to establish a commercial presence.
- The time limit in the document proving that the foreign employees is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
- The time limit in the written approval to employ foreign employees (if necessary as prescribed by law).
5. Work Permits Extension Documents
Below is a detailed list of documents to apply for a work permit extension for foreigners:
- A written request for extension of a work permit, made according to Form No. 11/PLI
- 02 4*6cm color photos with white background, taken within 06 months;
- A notarized copy of the granted valid work permit;
- Written approval of demand for foreign employees;
- Certified copy of valid passport (all pages);
- Certificate of health examination within 12 months (if issued in Vietnam, bring the original/certified true copy, if examined abroad, it must be a consular legalized copy, notarized translation into Vietnamese);
- Papers proving that the foreign worker continues to work for the employer according to the contents of the issued work permit. Papers issued by foreign countries must be consular legalized and notarized translated into Vietnamese.
Thus, compared to renewing a work permit, the application for a work permit extension will be simpler because the applicant does not need to prepare:
- Criminal Records;
- Diploma, proof of experience.
6. Work permit extension procedure
Similar to the procedure for applying for a new work permit, the procedure for applying for a work permit extension for foreigners also includes two steps as follows:
Step 1: Explain the need to use foreign workers
In this step, the employer will need to complete the Document explaining the change in demand for the use of foreign workers Form 02/PLI, sign and seal as required.
Then, at least 30 days before the expiry date of the current work permit, the employer must submit this Explanatory Document to the Ministry of Labor, Invalids and Social Affairs or the approved Provincial People’s Committee for the demand for foreign workers in the past.
Within 10 working days, the Ministry of Labor, Invalids and Social Affairs or the Provincial People’s Committee will issue a written approval of the need to use foreign workers according to the form Form 03/PLI.
Step 2: Apply for a foreign work permit extension
In this step, the employer and the employee prepare 01 set of documents mentioned in the section Dossier for extension of work permit.
Then, at least 05 days but not more than 45 days before the work permit expires, the employer submits a set of dossiers of application for extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs issued the work permit.
After 05 working days, the employer will receive the renewed work permit.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit Extension.
Contact us
- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.